The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-06-01
ghts Of creditors at stake in all such cases

rights Of creditors at stake in all such cases
and 1t ought TO be allowable for them TO pro-
tect themselves, while 1t might not be
proper for the Courts to sanction transac-
ton II part of the consideration was To
compound q felony or misdemeanor. The
conclusion have reached Is that there has
been no sufficient proof Of dnress In the exc
cution OF this mortgage by Mrs. Parks In any
view we take of the law under the cases above
cited.
I'd. AS to the power Of n married woman to
mortgage her property to secure the debts of
another -
The question MS TO the right of IL married
woman to mortgage her separate property to
secure the debt ofanother person Is now pend
ing In the Supreme Court of this State, and ri
this were the only question In the case now
before me would prefer not 10 render any
Judgment on 1t until the point was settled In
the appellate tribunal. 1t would not be prop
er, however, TO hold this case over as there
are other important questions raised and
which ought TO be passed upon.
propose therefore tn state as briefly as
am able my reasons for the conclusion which
haye heretofore reached and on which in
other cases have acted, that IL married wO.
man has the right to mortgage her separate
property in the same way and on the same
consideration and for the same purposes for
which an unmarried woman could do so.
will perhaps be able to mike my meaning
clearer by setting out in full the article of the
constitution and the several sections of the
Acts of the Legislature which refer to this
subject.
Article XIV, Section $, of the Constitution
1.-THE real and personal. property of wo-
"man, held at the time of her marriage, or
"that which she may thereafter acquire,
"either by gift. grant. inheritance. devise,
''or otherwise, shall not be subject to levy and
''sale for her husbands debts: hut shall be
"held US her separate property, and may be
"bequeathed, devised, or alienatpd by her
"the same as If she were unmarried: Provid-
ab hof n Uif nr 81 n
"the wife shall be detrimental to the Just
"caims Of his creditors"
The Revised Statutes OF 1872 at page 1872 con-
tains three (3j sections on the subject Of the
rights Of married women taken from the Act
Of 1870. They are as follo
"Section l. That the real and personal
property OF married woman whether held
"by her ut the time Of the marriage or nc.
"crued to her thereafter either by gift, grant
"inheritance. devise, purchase or otherwise
"shall not be subject to levy and sale for her
Husbands debts, but Shall be her separate
"property."
This Section is now Section 2OS5 of the Gen.
eral Statutes of 1882.
"Section 2. A married woman shall have
"power to bequeath. devise or convey her sepa-
"rate property In the nanNer and To the same
'e1tent MS If she were unmarried: and If dy-
ling intestate her property shall descend In
"the same manner as the law provides for
"the descent OF the property Of husbands;
"and all deeds, mortgages and legal inStru-
'ments of whatever kind shall be executed
"by her In the same manner and have the
''same legal force and effect ms If she were un.
married" This Is now Section 203B Of the
General Statutes of 1882.
"Section 8. A married woman shall have
"the right to purchase any species of property
,.,,aItoncoS 70" tbarafor aud ~ cnptract ard hs
,sith ~ ihe ,onner anu os if
"she were unmarried: Provided that the hus-
"band shall not be liable for the debts OF the
"wife contracted prior to or after their mar
TLis sootIppr 10 % n,v Saction oOsy of ,he
o, StaInteS ~ 1880 os amemdad Nv N the insnrtion
a. .oSa, o. as 20 me y tI Iart,
OF i've worus as 70 ne, sepauate 'aiIa prope.IS
alter Cne wplu & eoiC' acc M as VIII G;.Itei aP,
pear, ana Ine enect OF Whlch amenument is
the question now before me. me.s
court hel9 IN Eoss U.s. Llnder; :d; y u & 2. oS-'
HdtI U.s. CStnHscdteS, ID .. Z. p. boi ana PetzeF,
Rodgers q co. Us. Cump6eH; 10 y. c. p 5SI. that
inarrleu woman couau piIa hepse,i pcrsHn; id
ally oy any Sont[cC oy mtGt' e, IN ni " u,ilullieu
wolnal couiu oe oounu anu ii Ine s,thle nihl
her anu US JUL u. . snilin1 ai
NJ NJ ~ oi Tne ,oI ~ tdantr
GU ny ny 4r t,ro ost Of 3ba ehovo cnSeS IN
Iue c"o ias1 VI Sue .'uose C,.,o C, ~ ~ .; -
werS neatU ny se nd ,ba anal udsen se 0r
,tt To,rt ,rn .an,oraa sn,,n ,;m5o ~ iSSI 7,
no,,, -, ~, III ~ ,os ~ thn ;ntrTn ;r
1no ,oo,r,o5 ~ %omonn riSht 70 m"I,n con.
,ils lii c i,su Moii IL ~ ,ast, ~
tihGC are seI! pli anu Sae o,,S qneSs., , W.,
tt nst,t3;nI 'e ,rTethar' tSo o,;SIn
,,ro Id nnI. iht " ,;i - tEn nom,ars SIyan
w ,'orriay, unn,on hw fbo canstitmtinn nr
ioce In IL @ "y liz t ti' ,o "
lsoS, oy glving 10 her III auutcl6n 10 tne power
TI nv ~ iSo pT
ae 80 sbo us ,rsr ~ 'i'o
as =, III ~. 49, &c tnn e f,or, T.;
So5 5zM WINS vs. e,fI TIE u case oI Ee IKE us noge e. 10 o.
7, Ho m % ~ ms Ut o,C o,,d ,. W.
t ,a I Ia a nt,a t',,o,d @ t'o t'
LIZ, ~ rt, 49, s onorotoi irnnet ,'u % s
tbe io debt M or ' Fiji inJopcnt
of the Snnrcme Court wos filed in November
~ iuoi I"' 10 'i'e" - A'o'
IT. was thing TINT tho Constitution md STINT
II, 80 stood and were construed when thc Leg
isiatIre amended the law by adding To Sec
ton 3 above quoted the five words "as to her
property" and the Section became
Section 2O37 of the General Statutes and Is rs
follows:
..tbe right 70 purchnse anv species OF proper-
ety in her own name and to lake propcr legal
therefor. and TO contract and
"be contracted with az to her separate property
''in the snme manner rs If she were unmnr-
'"ried: Provided, That the husband shal! uni
''prior to or after their marriage except for
''her necessary support"
IL VIII nc observed ChhC SectlonS ana OF
the act OF ln,p cover Inc same Senerai ground
~ aoeS ART MY sec. or tnr CONSTITUTION ol
lSbS. Sectioh declares til:tt Tie properly Oh "
woman shall he "hrr separate prop
erty." section 2declnres That shc snail have
the risht 10 bequeath, devise or conucy her
separate property IN the same manner ana 70
the same eItent as II sle were unmarried ana
includes also properly pHrchased Dy her ana
not mentlonea IN the COnsSltntlon, Inc power
70 Pu[cHasc oeiilS @ Gohce.leu se oy 2eclloIi d.
oecIion aIso pIosiues , ni Eases va inLesLacS'
ana tnen proFlueS that .hli ueeus' lllortshSGS,
- snali pc executed ny her IN tne
same manner ana nave the same legal iorce
,'and eHect as II sne were unnarrlea. so MI
the constitution ana the AclS, SecIlons anu
2, contain provision only lor nolaing properly
ana ior the moae OF aiSnns,ns Oh IL Dy herscii